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Is anyone a Georgia Police Officer?

I have a unique situation in that I'm deputized to carry a firearm by the federal govt., but I'm not in my jurisdiction in Georgia. My right to carry is not 24/7 with my duty weapon, and I'm specifically prohibited by my SOP from garnering additional LEO privilege from my credentials.

Do any police officers believe that my credentials will count as one of the exemptions for the Georgia carry permit? I'm a resident of Savannah, GA.

And to clarify, I'm not interested in openly carrying. Mostly I want to be sure I can legally carry my personal weapon to/from my home to my car parked down the street, and also carry concealed if I'm walking around at night.

I have a unique situation in that I'm deputized to carry a firearm by the federal govt., but I'm not in my jurisdiction in Georgia. My right to carry is not 24/7 with my duty weapon, and I'm specifically prohibited by my SOP from garnering additional LEO privilege from my credentials.

Do any police officers believe that my credentials will count as one of the exemptions for the Georgia carry permit? I'm a resident of Savannah, GA.

Thanks!

Originally Posted by Southerner

And to clarify, I'm not interested in openly carrying. Mostly I want to be sure I can legally carry my personal weapon to/from my home to my car parked down the street, and also carry concealed if I'm walking around at night.

First -why would you ask a LEO for a legal opinion?

"Deputized" by the federal government? What LEO "privileges" do you claim? Perhaps you should seek clarification from your employer.....strange.

Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

The OP works for an anonymous 3-letter agency that does not exist. Should his mission be discovered the agency that does not exist will deny all knowlege of him. (You know that whenever I see a chain I get an irresistable urge to yank it. )

I think the OP is using the word "deputized" where many others would use the word "authorized". Some examples of folks authorized by the .fed to carry a handgun for/on the job are couriers and security guards. They have no arrest authority but have permission from their employer to ventilate you if you get too close to or try to walk away with classified information/materials.

I've never been a cop in Georgia or elsewhere but my best guess is the OP is going to be considered a plain vanilla Joe Sixpack when it comes to carrying concealed - jump through the hoops just like everybody else.

I am impressed that the OP, who has no interest in carrying openly, found and sought out OCDO as a viable source of information on the laws regarding handguns. I'd love to see the search strings that brought him here.

@Grapeshot - the OP dare not go to his employer. They do not want him carrying away from his work assignment.

stay safe.

"He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

Because stupidity isn't a race, and everybody can win.

"No matter how much contempt you have for the media in all this, you don't have enough"
----Allahpundit

Is anyone a Georgia Police Officer?

Originally Posted by Firearms Iinstuctor

The OP really needs to know if his HR218 qualified if he is, then his creds well be good around the nation if he isn't HR218 qualified they are not.

See. The way I read the law, I am, but I don't know of any case law to back that up. My employer would say no, I'm not. But that law doesn't care what my employer says. It only cares about my status when on duty. Specifically:

On-duty status determines LEOSA-eligibility. Thus, as long as the person meets the definition of "qualified law enforcement officer" in an on-duty capacity, whether an officer is a full-time, part-time, or reserve peace officer is not relevant in determining whether a person is a "qualified law enforcement officer" under LEOSA. LEOSA's definition of "qualified law enforcement officer" does not include a requirement that a person have law enforcement authority off-duty.[19][20][21]

Let's break it down, if you are a guard you may have powers to detain, or make a citizen's arrest. That will not give you LEO status, if your job is law enforcement then you fall into the LEO category. Might help if you told us actually the position you hold. If you only have powers at work(on duty) IMO you fall into the security guard definition, and yes they have the same powers of arrest and detention that regular citizens have. In most states power of arrest is not limited to Law Enforcement. NC is an exception, there is no citizen arrest in NC, but the law allows a citizen to detain.

If you do make an arrest do YOU transport, and 'book' the arrested? Or do you call LE to pick up the detainee? If you do the latter you are a security guard.

It is well that war is so terrible – otherwise we would grow too fond of it.

Robert E. Lee

The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.

Thomas Jonathan "Stonewall" Jackson

What separates the winners from the losers is how a person reacts to each new twist of fate.

See. The way I read the law, I am, but I don't know of any case law to back that up. My employer would say no, I'm not. But that law doesn't care what my employer says. It only cares about my status when on duty. Specifically:

There is one out of SD where the off duty officer from Washington killed a biker during the rally and the judge ruled he was covered under HR218. I don't know of any federal court case.

The HR218 language is strong when it comes to covering traveling officers.

What one employer has for work rules doesn't do away with HR218 protections.

U.S. v. Minker, 350 US 179, at page 187
"Because of what appears to be a lawful command on the surface, many citizens, because
of their respect for what only appears to be a law, are cunningly coerced into waiving their
rights, due to ignorance." (Paraphrased)

You seem to want us to provide you with an honest answer while being somewhat reticent about providing exactly the information that would be required to provide such answer.
If I may suggest, giving us all the background noise about 'deputized' or 'authorized' or 'federal government' is much less effective than just saying, "I'm a _____________". Be honest and you'll get a much more accurate answer.

(a) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:

(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state;

(2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense;

(3) Persons in the military service of the state or of the United States;

(4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;

(6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution;

(7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun;

(8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun;

(9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the "State-wide Probation Act," when specifically designated and authorized in writing by the director of Division of Probation;

(10) Public safety directors of municipal corporations;

(11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties;

(12) State and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal and city courts;

(12.1) Former state and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts who are retired from their respective offices, provided that such judge would otherwise be qualified to be issued a weapons carry license;

(12.2) Former state and federal judges, judges of probate, juvenile, and magistrate courts, full-time judges of municipal and city courts, and permanent part-time judges of municipal courts who are no longer serving in their respective office, provided that he or she served as such judge for more than 24 months and provided, further, that such judge would otherwise be qualified to be issued a weapons carry license;

(13) United States Attorneys and Assistant United States Attorneys;

(14) County medical examiners and coroners and their sworn officers employed by county government;

(15) Clerks of the superior courts; and

(16) Constables employed by a magistrate court of this state.

(b) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance officers, when specifically designated and authorized in writing by the director of the Division of Probation.

(c) Code Sections 16-11-126 through 16-11-127.2 shall not apply to or affect any:

(1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer;

(2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System;

(3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or

(4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system.

In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-127.2 shall not apply to the carrying of such firearms.

(d) A prosecution based upon a violation of Code Section 16-11-126 or 16-11-127 need not negative any exemptions.

He says he does, but he is sworn to secrecy, so to use his status as a defense he breaks his oath to secrecy. It makes it very difficult to say "yes you are covered" when a person refuses to give some data.

He should talk to a lawyer, then his secret will stay safe. Outside that I say he should get a permit if he wants to conceal carry in Georgia, then his secret identity is safe.

It is well that war is so terrible – otherwise we would grow too fond of it.

Robert E. Lee

The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.

Thomas Jonathan "Stonewall" Jackson

What separates the winners from the losers is how a person reacts to each new twist of fate.

To give a partial answer to some of your initial questions...
Yes. you may "...carry my personal weapon to/from my home to my car parked down the street..." provided it is unloaded and encased (a closed, zippered gun rug is sufficient).

However, for any other carry (open or concealed) you would need to obtain a Georgia Weapons License from the probate court of your local county unless you met one of the 16-11-130 exemptions.

He says he does, but he is sworn to secrecy, so to use his status as a defense he breaks his oath to secrecy. It makes it very difficult to say "yes you are covered" when a person refuses to give some data.

He should talk to a lawyer, then his secret will stay safe. Outside that I say he should get a permit if he wants to conceal carry in Georgia, then his secret identity is safe.

I understand it's not possible to give a definitive answer. I guess I'll just ask a lawyer here in town. I DO know for a fact I'm specifically prohibited from carrying my duty weapon concealed.

Thanks for the responses everyone. For the record I support open carry.

The police are the absolute last people I'd ask for an interpretation of the law. If it doesn't violate any forum rules, I'd suggest the OP ask his question at GeorgiaPacking.Org. There are at least 4 practicing lawyers that post there.

I'm unsure where all the supposed 'need for secrecy' comes from, if there are more than two double-naught spies at the same facility you'd be hard pressed to tell them apart from a semi-anonymous internet nickname.

Regardless, someone could always ask the hypothetical, "Would a person who was __________ be exempt from needing a GWL" but that might be a bit too easy.

The police are the absolute last people I'd ask for an interpretation of the law. If it doesn't violate any forum rules, I'd suggest the OP ask his question at GeorgiaPacking.Org. There are at least 4 practicing lawyers that post there.

I'm unsure where all the supposed 'need for secrecy' comes from, if there are more than two double-naught spies at the same facility you'd be hard pressed to tell them apart from a semi-anonymous internet nickname.

Regardless, someone could always ask the hypothetical, "Would a person who was __________ be exempt from needing a GWL" but that might be a bit too easy.

+1

It is well that war is so terrible – otherwise we would grow too fond of it.

Robert E. Lee

The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.

Thomas Jonathan "Stonewall" Jackson

What separates the winners from the losers is how a person reacts to each new twist of fate.